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AG 20-489 - The Empire BarbershopEXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: —TIM JOHNSON-, EXT: 2412 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG): DINTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT — ROUND 1 6. NAME OF CONTRACTOR: THE EMPIRE BARBERSHOP ADDRESS: 30819 PACIFIC HW'Y S, #13-1, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 825-2880 E-MAIL: EMPIREBARBERSHOPMGMT@OUTLOOK.COM SIGNATURE NAME: BRANDON RODRIGUEZ TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES D COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE:. SEE ATTACHED AGREEMENL_ COMPLETION DATE: 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED C3 YES X NO IF YES,$ PAID BY: OCONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: o RETAINAGE AGREEMENT (SEE CONTRACT) OR E3 RETAINAGE BOND PROVIDED I L Ei PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-I0-490 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER - - ----------- - - ---- DIRECTOR RISK MANAGEMENT (IF APPLICABLE) -5v-ha 0 LAW I- 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONDMTTEE DATE: CoNwITTEE APPRovAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPRovAL DATE: _ INKGORN I IMAX61 ILI ["041 to El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED 0 LAW WARTMENT i V­FATORY (MAYOR OR DIRECTOR) 4) El CITY CLERK 0 ASSIGNED AG# AGO MITSINNW1, 1/2020 CITY OF CITY HALL 4' 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH THE EMPIRE BARBERSHOP I iff 5-4 -9 111 -0 W corporation �--Cify- -), anu I ne Empire naroersnop, a so "Upropnefor �--kjramee ). I ne k-lLy anU %-Jrdntee ktOgeLrler "Parties") are located and •• business at the below addresses which shall be valid • any notice required • this Agreement: Brandon Rodriguez 30819 PACIFIC HWY S, #B -I FEDERAL WAY, WA 98003 1• 825-2880 (telephone) = wlkdua�' 33325 8th Ave. S. F,ederal Way, WA 98003-632,Z1 (253) 835-2520 (telephone) (253) 0• (facsimile) r . TERM. This .• contemplates a • grant • funds to the Grantee •- the conditiorm 2. CONDITIONS OF GRANT 2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries of the City of Federal Way; b) Grantee maintains a current City of Federal Way business license c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement d) Grantee is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to COYD- 19, Grantee business (check all that apply): Was required by state or local order to close ❑ Was forced to lay off employees due to reduced patronage Lg,`o Incurred over $1,000 in COVID-19 related expenses ❑ Experienced 10-50% lost revenue Fg� Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: AL CITY OF CITY HALL AIN 33325 Sth Avenue South Federal Way.. WA 98003-6325 (253) 835-7000 www_ cityoffederalway. coin a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. alnnlff�� 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 grg ge The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. "Ok CITY OF A% e 4;mW F�d ra I AMY CITY HALL 33325 Sth Avenue South ## (253) •w• www cityoffederalway. com 5.3 CJtV ffidemmfleAti6q. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this • with respect • any event occurring prior to such expiration • • 6.1 Wefbtet"on and Wdifloatioh. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof ant such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorizei, • • the • 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This 54A."I'm CROWN-$] 0 IN OTY OF F-ederal Federal Wa��. 98003-6325 CITY HALL 33325 h+ Avenue South •0 www cityoffederalway. coin Agreementbe executed in any numberof a `original the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one counterpart. - signature . • acknowledgment pages •m such counterparts m. be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. M DATE: ell THE �'" E AI BE t P: B: Printed Name: r Title: DATE: 311 LO 7/25/2020 eServices Services Business Lookup THE EMPIRE BARBERSHOP License Information: Entity name: RODRIGUEZ, BRANDON A Business name: THE EMPIRE BARBERSHOP Entity type: Sole Proprietor UI #: 603-533-554 Business ID: 001 Location ID: 0002 Location: Active Location address: 30819 PACIFIC HWY S STE B-1 FEDERAL WAY WA 98003-4901 Mailing address: 30819 PACIFIC HVVY S # B-1 FEDERAL WAY WA 98003-4901 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 16 -105611 -00 -BL Governing PeOPIO May include governing people not registered with Secretary of State Governing people Title RODRIGUEZ, BRANDON A Registered Trade Names Registered trade names Status THE EMPIRE BARBERSHOP Active Status Expiration date Active Aug -31-2021 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 5:13:09 PM First issuance Dec -12-2016 First issued Mar -09-2017 https://secure.dor.wa.gov/gteunauth/—,/#466 1/1